[2014] KEHC 6142 (KLR)
The court allowed the application as it was unopposed and found merit in the request to add Peter Kariuki Njeru as a respondent and to direct the Land Registrar and District Surveyor to visit the suit property for purposes of ascertaining its position. The orders sought were necessary to facilitate the just...
Source-derived case information.
- Citation
- [2014] KEHC 6142 (KLR)
- Parties
- Plaintiff: Joseph Karuu Mutiga; Defendant: Charles Magu Nyakuya; Respondent: Peter Kariuki Njeru
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 76 of 2011
- Procedural Posture
- Civil Suit / Interlocutory Application Ruling
- Outcome
- Application allowed as prayed with costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Joinder of Parties, Land Survey, Land Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Joseph Karuu Mutiga
Plaintiff
Charles Magu Nyakuya
Defendant
Peter Kariuki Njeru
Respondent
Procedural Posture
Civil Suit / Interlocutory Application Ruling
Legal Issues
- 1 Whether Peter Kariuki Njeru should be added as a respondent to the application.
- 2 Whether the Land Registrar and District Surveyor should be ordered to visit and ascertain the position of L.R. No. NYAKI/KITHOKA/613 on the ground.
Ratio Decidendi
The court allowed the application as it was unopposed and found merit in the request to add Peter Kariuki Njeru as a respondent and to direct the Land Registrar and District Surveyor to visit the suit property for purposes of ascertaining its position. The orders sought were necessary to facilitate the just determination of the dispute regarding L.R. No. NYAKI/KITHOKA/613, and no prejudice was shown to any party.
Court Disposition
Application allowed as prayed with costs in the cause.
Orders
- Peter Kariuki Njeru is added as a respondent to the application.
- The Land Registrar and District Surveyor Meru Central are ordered to visit L.R. No. NYAKI/KITHOKA/613 and ascertain its position on the ground.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO. 76 OF 2011
JOSEPH KARUU MUTIGA............................................................................PLAINTIFF
VERSUS
CHARLES MAGU NYAKUYA....................................................................DEFENDANT
PETER KARIUKI NJERU...................................................................RESPONDENT
R U L I N G
This application is dated 21st March, 2013 and seeks orders that:
a) The honourable court be pleased to addPETER KARIUKI NJERU as a respondent to this application.
b) The honourable court be pleased to order the Land Registrar and the District Surveyor Meru Central to visit L. R. No.NYAKI/KITHOKA/613 and ascertain its position on the ground.
c) The honourable court be pleased to make any other orders as may meet the ends of justice.
d) Costs be provided for.
The application came for interpartes hearing on 31. 3.2014. It is not opposed. Parties have been served. I allow it with costs being in the cause.
Delivered in Open Court at Meru this 31st day of March, 2014 in the presence of:
cc Daniel
Kimathi Kiara for plaintiff
P. M. NJOROGE
JUDGE